Special vs General Damages in PI Claims
UK personal injury compensation is split into two distinct components: general damages (covering pain, suffering, and loss of amenity) and special damages (covering the quantifiable financial losses caused by the injury). The distinction is fundamental — it shapes how claims are valued, how settlements are structured, and how compensation is calculated. This guide explains exactly what each covers, how they are calculated, and why understanding the distinction matters when assessing or pursuing a claim.
In this guide
- What General Damages Cover
- What Special Damages Cover
- How General Damages Are Calculated
- How Special Damages Are Calculated
- Why the Distinction Matters
- A Worked Example
- Common Questions About Damages
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Injury
For serious injuries, special damages often substantially exceed general damages. A catastrophic injury producing £200,000 in general damages may produce £3 million or more in special damages once lifetime care, accommodation, and loss of earnings are factored in. Understanding which is which — and what each captures — is the foundation of accurate claim valuation.
What General Damages Cover
General damages compensate for the non-financial consequences of the injury — the experience of being injured and the impact on life. They include:
- Pain and suffering — the physical experience of the injury and recovery
- Loss of amenity — the loss of activities, hobbies, and lifestyle the injury prevents
- Loss of congenial employment — separate award where you can no longer do the work you enjoyed
- Smith v Manchester award — for disadvantage in the labour market where you can still work but are less competitive
- Loss of marriage prospects — historically a recognised head, now less commonly relied on
- Loss of sexual function — particularly relevant in spinal injury and obstetric injury cases
- Mental distress and psychological impact (subject to certain thresholds)
General damages are valued using the Judicial College Guidelines (JCG) — the standard reference for UK personal injury work, currently in its 16th edition. The JCG sets brackets for every category of injury based on severity and recovery, providing a starting figure that is then adjusted up or down based on individual circumstances.
What Special Damages Cover
Special damages compensate for the quantifiable financial losses caused by the injury. They are split into past special damages (up to the date of settlement) and future special damages (projected forward). Heads of loss include:
- Loss of earnings — past and future, net of tax and benefits
- Loss of pension contributions and benefits in kind
- Care costs — paid carers and gratuitous (family) care valued at commercial rates
- Medical treatment — past and future, where NHS treatment is inadequate or too slow
- Equipment and aids — wheelchairs, prosthetics, hearing aids, communication devices
- Accommodation costs — adaptations or specialist housing where needed
- Travel expenses — to medical appointments, for treatment, on-going where relevant
- Replacement of items damaged in the accident — clothing, phone, glasses, vehicles
- Increased domestic costs — cleaning, gardening, DIY now done by others
- Court of Protection deputy fees — for managing the compensation where capacity is impaired
Special damages are calculated precisely from evidence — payslips for earnings, receipts for costs, expert evidence for care and equipment needs.
How General Damages Are Calculated
The starting point for general damages is the JC Guidelines bracket for the injury type. The bracket gives a range — for example, severe back injury may have a bracket of £69,600 to £160,980. The figure within the bracket is determined by:
- Severity of the injury — duration, intensity, residual symptoms
- Impact on work and earning capacity
- Impact on daily life and household activities
- Impact on hobbies, sport, and recreation
- Impact on relationships and family life
- Need for ongoing treatment
- Prognosis — full recovery vs partial vs permanent disability
Where you have multiple injuries from the same accident, the figures combine. The court applies an “overlap discount” to avoid double-counting the impact (you only have one pain and suffering experience, even if from multiple injuries). The discount is usually 10-25 per cent of the smaller awards.
How Special Damages Are Calculated
Past Special Damages — Precise Arithmetic
Past special damages are calculated precisely from evidence. Loss of earnings is weeks-off × net weekly earnings minus sick pay actually received. Past care is hours of care × commercial hourly rate. Past medical costs are the actual receipts. Past travel is mileage at HMRC rates plus parking and tickets.
Future Special Damages — Ogden Multipliers
Future special damages use the Ogden Tables to convert annual losses into lump sums. The annual cost is multiplied by a factor based on:
- The claimant’s age and life expectancy
- The expected duration of the loss (e.g., to retirement age for earnings, or for life for care)
- The discount rate set by the Lord Chancellor (currently -0.25 per cent in England and Wales)
- Reductions for contingencies other than mortality
For a 35-year-old claimant, the Ogden multiplier for lifetime care can exceed 60 — meaning every £1,000 of annual care cost translates into more than £60,000 in lump sum compensation.
Why the Distinction Matters
The split between general and special damages affects several practical things:
- Success fee calculation — under LASPO, the 25 per cent cap applies to general damages and past financial losses, but not future losses. This means catastrophic injury claimants pay a smaller percentage of overall damages as success fee.
- Court allocation tracks — claim value (mostly special damages-driven) determines which court track (small claims, fast track, multi-track) the case follows.
- Interest calculation — different interest rules apply to general damages, past special damages, and future special damages.
- Insurance reserves — defendants reserve general and special damages differently. Special damages calculations dominate large reserves.
- Settlement structure — for catastrophic cases, special damages may be paid as a Periodic Payment Order rather than a lump sum.
- Statutory deductions — CRU recovers against past losses, not general damages or future losses.
A Worked Example
To illustrate, consider a claimant with a serious leg injury. Following the JC bracket for severe leg injury, general damages might be £80,000. Special damages would then include:
- Past loss of earnings (£40,000)
- Future loss of earnings (£200,000 — reduced earnings projected over working life)
- Past care provided by family (£15,000)
- Future care needs (£60,000)
- Past medical treatment (£5,000)
- Future medical and rehabilitation (£25,000)
- Equipment and aids (£15,000)
- Travel and miscellaneous (£10,000)
Total special damages: £370,000. Combined claim value: £450,000. Notice that special damages are over 4 times general damages — typical for moderately severe injuries with substantial earnings impact.
Common Questions About Damages
Which figure am I most likely to see quoted as “the value” of my case?
Initial estimates often focus on general damages because they’re easier to quantify from the JC Guidelines. As the case progresses and special damages are assessed (particularly future losses), the overall figure typically grows substantially. A claim “valued” at £30,000 in general damages may settle for £80,000 or more once special damages are added. Both figures are real; the distinction matters when comparing across cases or against calculator estimates.
Are special damages always larger than general damages?
Often yes, particularly for working-age claimants with substantial injuries. For minor injuries with no work absence and minimal treatment, general damages may exceed special damages. For catastrophic injuries, special damages routinely dwarf general damages by 10-50 times — a £200,000 general damages award may be accompanied by £4-8 million in special damages for severe brain injury cases.
Who pays for the calculation of special damages?
Your solicitor calculates them as part of the claim — they don’t charge extra for this work. For complex cases involving forensic accountancy (lost business earnings, self-employed claimants, lost pension impact), specialist evidence is arranged as a disbursement and covered by ATE insurance. Care experts and accommodation experts are also disbursements for serious cases.
Can I get an interim payment for the financial losses while waiting?
Yes — interim payments can fund ongoing special damages needs during the claim. Where liability is admitted, defendants routinely make interim payments covering past loss of earnings, treatment costs, care needs, and equipment. Specialist solicitors press for interim payments early in serious injury cases to ensure the claimant’s needs are met while the claim progresses.
Is this work funded on no win no fee?
Almost all UK personal injury and clinical negligence claims are funded under no win no fee Conditional Fee Agreements (CFAs). You pay nothing if the claim is unsuccessful. If successful, the success fee is capped under LASPO 2012 at 25 per cent of general damages and past losses (future losses excluded). After-the-Event insurance covers disbursements and protects against adverse costs. The ATE premium is normally payable only if you win, deducted from your compensation — it is no longer recoverable from the defendant — and your solicitor must explain how the premium and disbursements are treated before you sign (see how ATE insurance works).
Related Guides
How Much Compensation Could I Receive?
What is a Conditional Fee Agreement (CFA)?
How Long Does It Take to Receive a PI Payout?
Personal Injury Compensation Calculators (all)
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